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ALTA "bringdown"

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(@terry_jr)
Posts: 67
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I have been a long time reader/lurker of this site and have learned a lot from many of your posts.

My company performed an ALTA/ACSM Land Title Survey, March of 2010 and revised in August of 2010, at the start of a development in southwestern PA. We received a title commitment that did not have any surprises, or own research didn’t uncover any more than usual. We usually find sanitary easements or Penn Dot Right-of-Way changes.
Now that the development has been completed we have been retained for the “As-Built” ALTA/ACSM Land Title Survey. We received a one page (mostly blank) title report that reads:

“A bringdown search has been conducted on January 3, 2012 covering the period from April 7, 2011 (date of last bringdown search) through December 27, 2011, and no new matters have been found of record.”

I have already sent an email requesting all information from August 2010 to the April 7, 2011 “bringdown”.

Have any of you had this same experience? Is this becoming a normal?

Have any of you had any problems working with something like this?

Terry

 
Posted : January 5, 2012 5:44 am
(@neil-shultz)
Posts: 327
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Hi Terry and welcome aboard. It is nice to see a familiar name out there. Sorry I can't help with your question though.

 
Posted : January 5, 2012 5:52 am
(@jimmy-cleveland)
Posts: 2812
 

Terry,

Welcome aboard!

I have never heard that term before. I wish I could help. I have performed many ALTA Surveys in the past few years, and I have never heard that term used before on any of the updates.

Please post any information/explanation that you are provided regarding this type of document. I think we could all learn something from your experience.

Thanks,
Jimmy

 
Posted : January 5, 2012 6:43 am
(@holy-cow)
Posts: 25292
 

Welcome.

Same here. I've never heard of such a thing.

 
Posted : January 5, 2012 7:01 am
(@joe-the-surveyor)
Posts: 1948
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Welcome aboard, the more the more gooder this board is 😛
I also never heard that term. Could it mean to bring the title search forward?

 
Posted : January 5, 2012 7:46 am
(@terry_jr)
Posts: 67
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It is after the Title Co completes their first commitment, every thing after that for that parcel is considered to bring it down further or bring it forward to the current date.

 
Posted : January 5, 2012 7:50 am
(@chan-geplease)
Posts: 1166
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Welcome aboard.

I've never heard the term either, but sensed that it was something that title companies commonly do. Especially in the last 15 yrs or so. They only search the property from the date of the last policy, forward, to bring it up to date.

Google reveals many sources for the definition, but that's what it essentially is.

As it would apply to an ALTA, I think I'd have cause for concern. It's like getting only a snapshot of the property.

 
Posted : January 5, 2012 8:00 am
(@dougie)
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It sounds to me like they are saying; we've already given you all that information and there is nothing new to add.

As always, be careful, I was talking to a board member and he was telling me about a case where, essentially, the title company said there is an error in the title report and you did not catch it, it's your fault.

Welcome to the board Terry.

Doug

 
Posted : January 5, 2012 8:03 am
(@jered-mcgrath-pls)
Posts: 1376
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I've heard TO's use datedown many times and it refers to the same thing. Searching only from the time of last report to the present. Generally this is fine if its the same title officer who is confident with their last commitment and you are confident with the previous commitment as well. For doing an ALTA as you suggested I always find it beneficial to review any and all development agreements the developer may have had with the local jurisdiction. They can be recorded and unrecorded and many times they may elude to some type of easement or unwritten agreement's. This also goes for lease agreements the developer/owner may have with lease's. Good luck and welcome.

 
Posted : January 5, 2012 8:07 am
(@deleted-user)
Posts: 8349
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I have not heard this term either.

I consider it a new term as a result of the "dumbing down" of the Title Companies in general. That is why we will continue to have new terms and new ways of doing business by the Title Companies as the newbies are brought in and promoted up the lines to where the Title Officers used to be. Of course they only have a year or two of experience whereas the previous Title Officers had years of experience to get that promotion.

These changes are good for the Title Companies because they can make more money by not doing things the way they used to. Surveyors should make the Title Companies comply with the ALTA standards and not allow these short cuts. We are only one piece of the puzzle and their new ways compromise the end product. The lenders, attorneys and owners all expect the ALTA to be done properly and meet the standards. Your signature and seal basically "guarantees" the ALTA survey.

 
Posted : January 5, 2012 10:21 am
(@mescobar_rpls)
Posts: 130
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In Texas, we have “Nothing Further Certificates”. In essence, they are the same as what you describe. I have dealt with several in the past few years. On my ALTA, I state that the easements shown are from the title commitment and Nothing Further Certificate (citing dates and file numbers on each).

If it makes you feel better, just remember that with an ALTA, you are responsible for showing the easements and matters provided to you.

Hope this helps,

Miguel A. Escobar, LSLS, RPLS

 
Posted : January 5, 2012 10:22 am
(@ryan-versteeg)
Posts: 526
 

J. Luke,

I haven't heard from you in a while. Give me a buzz when you can. My office number is 909-912-7377.

Good to see you on here.

Ryan.

 
Posted : January 5, 2012 10:32 am
(@ryan-versteeg)
Posts: 526
 

Jered / Terry,

I was trying to remember the term I had heard before (datedown), but it has been a long while since I've done ALTA's. Mostly this term was used when we did an ALTA pre-construction and then an update post-construction.

As to the original post - the title company should provide you with all the recorded documents you request. Especially if you weren't involved in whatever the title company did in April 2011.

Ryan.

 
Posted : January 5, 2012 10:38 am
(@chan-geplease)
Posts: 1166
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> ...the title company should provide you with all the recorded documents you request. Especially if you weren't involved in whatever the title company did in April 2011.

A bit off topic here (sorry), and I don't do to many ALTA either. But I did just do one that was your typical fast track deal. They provided me electronic files of the report, then an assorment of links to hosting websites of record documents mentioned within it. All of which were coded to their system, not the book/page you may expect.

Plus the title report was for two seperate properties bundled into one loan, which seemed odd to me. But I was only doing one property (ALTA not required on the other one). I bet I spent 4 hrs sorting through all those links & stuff, then I had to print it (probably 40 or 50 pages). Then still had normal research to do.

Instead of just opening the envelope and going from there, like the old days. But the project was local, the title company is in Phoenix, the lender in Texas, and I had 3 days to do it. Nice fee, but a PIA. Kind of reminds me why I don't really like doing them

 
Posted : January 5, 2012 11:36 am
(@frank-lehmann)
Posts: 76
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Terry,
I have had quite a few "down dates" from title companies, however they usually include the entire previous report with just a new date on the title page. I would ask your title company for at least that. A separate title page without anything else would leave me a little cold.

 
Posted : January 5, 2012 12:22 pm
(@terry_jr)
Posts: 67
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Topic starter
 

Thanks for all the input!

I am going to list the first report given to me, along with the 3 "bringdowns" provided to me yesterday from my clients title company.

Thanks Again!

Terry

 
Posted : January 6, 2012 4:01 am